Allahabad High Court
Dr. Zamin And Another vs State Of U.P. And 3 Others on 11 August, 2022
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 10569 of 2022 Petitioner :- Dr. Zamin And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Tiwari,Phool Chandra,Sr. Advocate Counsel for Respondent :- G.A.,Tripurari Pal Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Umesh Chandra Sharma,J.
Heard Shri Anil Srivastava, learned Senior Advocate assisted by Shri Santosh Kumar Tiwari, learned counsel for the petitioners, learned A.G.A. for the State and Shri Tripurari Pal, learned counsel for the informant.
Present writ petition has been preferred for quashing the FIR dated 20.06.2022 being Case Crime No.148 of 2022, under Sections 376-D, 506 IPC, P.S. Bachhrayun, Distt. Amroha and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.
The present First Information Report has been challenged on the ground that one Deep Shikha wife of Zafar Malik has lodged FIR being Case Crime No. 635 of 2021, under Sections 323, 504, 506, 384, 376-D I.P.C. and Section 3 (1) (Da), 3(1) (Dha) of SC/ST Act, P.S. Gajraula, District Amroha against Radha @ Radhika, Mustafa, Kanti Prasad and unknown driver. He submits that Deep Shikha wife of Zafar Malik (petitioner no. 1), is nephew of the petitioner no. 1. He further submits that in connivance with Radha @ Radhika, the informant has lodged the present FIR just to harass the petitioners, whereas, no such incident took place.
Learned counsel for the petitioners further placed reliance upon paragraph 5 and 6 of the short counter affidavit filed on behalf of the informant, wherein, it is averred that under misconception and provocation of one Radha @ Radhika and her associates, the informant has filed application under Section 156(3) Cr.P.C. though she was not inclined to file any such application and consequently the impugned First Information Report has been lodged. It has also been averred that the deponent undertakes that she does not want to further proceed with the present case against the petitioners.
In the facts and circumstances no useful purpose would be served in keeping the writ petition pending for consideration, without adverting on the merits of the case and on consent, the writ petition is disposed of finally asking the Investigating Officer concerned to proceed in accordance with law but certainly taking into account the compromise entered into between the parties.
For a period of two months from today or till submission of the police report under Section 173(2) Cr.P.C., whichever is earlier, the respondents are restrained to arrest the petitioners pursuant to the impugned FIR subject to cooperation in the on-going investigation.
Order Date :- 11.8.2022 Shafique